Constructive Dismissal Cases | Employment Law Show TV – S1 E17

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 1 Episode 17 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss the drug testing in the workplace, signs that you may have been constructively dismissed, and more!

What We Covered

► 1:35 – Employee Drug Testing in the Workplace: An employee was off work with a bad back. He took some time off on disability, before returning to work. His employer wouldn’t let him return to work, unless he took a drug test. Is that legal? Can an employer mandate drug testing for employees?

► 4:01 – After applying for a job, my friend discovered that she was pregnant. If she is hired, and the employer finds out that she is pregnant, will the fact that she is on a probationary period make it easier for her employer to fire her?

► 6:49 – After 5 years of flawless work, I missed my sales target by a tad last month, and now I’m on a Performance Improvement Plan! Can I refuse their plan, or would that count as insubordination, allowing them to fire me for cause?

► You May Have Been Constructively Dismissed If…

• 9:06 – If your employer changed your compensation or salary
• 9:27 – Your employer moved your workplace to a new location
• 12:29 – Your work environment has become “poisoned”
• 13:37 – You were demoted or saw responsibilities taken away
• 14:10 – You have been put on a Temporary Layoff

► 16:48 – The Severance Pay Calculator and why over 500,000 people have used it to discover their rights. http://www.severancepaycalculator.com/

► 18:31 – The Severance Pay Calculator: After working 16 years as a roofer, making $52K per year, Carl was fired last week. Just like that. No severance offered. He called the Ministry of Labour, who told him that because his boss had a payroll under $2.5 million, he’s not owed anything. Why does the Severance Pay Calculator suggest he IS owed severance pay?

► 20:49 – After 5 years of employment, I was terminated because I was simply “not the right fit”. Is this standard wording that employers are allowed to use now when they fire people?

► 23:37 – I was let go with no warning after just under 4 years of service. I was only offered 3 weeks of severance, and nothing else. Am I entitled to anything more?

► 25:52 – I’ve just been let go after 4 years due to “restructuring”. I accepted the standard severance offer of 4 weeks’ pay. The paperwork I signed included a non-competition agreement, stating that I need my employer’s permission to work for a competitor anywhere in the province over the next 12 months. How am I supposed to find work now?

Next Episode: Employment Law Show S2 E1 – Shattering Severance Myths

Previous Episode: Employment Law Show S1 E16 – Worst Times for Employer To Terminate an Employee